[identity profile] glacidea.livejournal.com posting in [community profile] artists_beware
Guttentag, first time poster here. I was asked today for a commission I never have been asked for before. Now I am no stranger to commissioning and have been taking them for a few years now. I've had my fair share of screw-ups and becoming overloaded, making all the usual commissioning mistakes, but I've gotten into a good tempo now. Recently, I've been making and selling patterns, just to try something new. I made a MLP one and a dino and such. I just do it as a side hobby to bring in some extra money every now and then.

I received an email today asking to commission a pattern from me. I had never thought of taking pattern commissions before and so I am baffled as to what to do. I was thinking cost for how many pieces it would be, extra cost if I am unable to sell it normally, there should be something about commercial use, etc etc. I've never done anything like this before, so I would greatly appreciate advice and tips, plus pricing information and such.

I make plush, which is obvious from the above paragraph (examples here: loneplushieinfo.webs.com/ so you can judge based on my skill for like...pricing). My commission prices are usually in the 150 to 300 range and obviously a pattern won't be NEAR that much. So yes, just all advice and everything will be GREATLY appreciated <3

Date: 2011-07-24 12:52 pm (UTC)
From: [identity profile] eveshka.livejournal.com
The risk with a pattern is that the person could use it to make things to sell and undercut you. If it is a pattern for the plushies that you make... my answer would be to tell them no.

If it is not, then some things need to be considered.

A pattern doesn't just draft and magic itself into the object. You have to draft, test, re-draft and actually make the item each step to be certain the pattern works. If the buyer is not willing to pay you for the materials and time involved in ensuring that the pattern is a viable working pattern... then I'd personally walk away.

It is easier when you are talking to a customer about a simple sloper type pattern for a skirt or a pair of pants. But a complex 3D object that requires testing isn't something that one generally just spits a pattern out with a pattern software system. (And depending on what the person expects... this could well turn into a nightmare.)

Date: 2011-07-24 01:34 pm (UTC)
From: [identity profile] notorious_hunty.livejournal.com
Agreed with the poster above. I have a friend who makes plushies, and in her TOS she does NOT make pattern commissions for people because of the risk of selling it and ripping it off of you.

>_> And then you have to worry about the commissioner's skill, how complicated the pattern is/will be. If the commissioner isn't satisfied, it could be hell.

I would personally decline it.

Date: 2011-07-24 02:35 pm (UTC)
From: [identity profile] pinkpuppybelly.livejournal.com
Eveshka has a point - you're basically going to need to build the plush to make sure the pattern works.

There are a few options: Tell the client that they're welcome to buy the plush that you have to make along with the pattern. OR tell the client that you will be selling the plush of their character to recoup the time, materials, and effort put into it.

If they argue or hassle you, you're always able to say 'nope, sorry' and decline the project.

Date: 2011-07-24 02:51 pm (UTC)
From: [identity profile] kawaiipiepie.livejournal.com
I think a pattern could easily be 'that much'! - echoing other comments, pattern making is really difficult! And patterns in themselves are, I think, more valuable than plushies sometimes. Plus are you going to have to include step-by-step instructions on how to make it? That's going to be a lot of work in itself...

Your pinkie pie plush is amazing btw!! (big MLP fan :D)

Date: 2011-07-24 07:00 pm (UTC)
From: [identity profile] sigilgoat.livejournal.com
Patterns are worth A LOT. I wouldn't take the commission if I were you unless I knew the person very very very very well. It's like selling a trade secret or the code to a program.

Date: 2011-07-24 07:43 pm (UTC)

Date: 2011-07-24 07:24 pm (UTC)
From: [identity profile] mialattia.livejournal.com
I see on your site that you do offer a MLP pattern for sale, so really this situation depends on what you would have to design (it seems like the pattern would be at LEAST half the battle of plush-making) and how complex it is, whether they intend to reproduce it or if you're going to keep it to make plushes off it, yourself, and so on...

I think it's a judgment call on your part, but do be sure to write up a specific pattern-commission contract with clauses you feel comfortable with, and if it's a complex design, I would highly recommend you be sure to charge accordingly! Your stuff is worth it; SUPER cute!

Date: 2011-07-24 09:07 pm (UTC)
From: [identity profile] neolucky.livejournal.com
I agree with the above, I'd decline it frankly. However I'd also be very careful with selling patterns of someone else's IPy. It feels a little in the 'wrong' to sell mlp related patterns =\. If you're not then no bigs, but if so, I'd just tread carefully. Plushies feel like a grey area in the fanart-market-business to me.

Date: 2011-07-24 09:08 pm (UTC)
From: [identity profile] neolucky.livejournal.com
Er I meant I.P. (Intellectual property) not IPy lol, oops.

Date: 2011-07-24 11:24 pm (UTC)
From: [identity profile] kadaria.livejournal.com
I was wondering about that too since Pokemon and MLP are copyrighted characters. I thought we had a similar issue with someone making Pokemon scarves and getting upset when another artist did the same thing.

Date: 2011-07-25 01:15 am (UTC)
From: [identity profile] neolucky.livejournal.com
I'm hoping you're not taking offense to this, it's not intended.

I'm quite aware of everything you've stated - I realize that some companies let things slide and consider it free promotion. -However-, it's still a grey area, and still technically illegal (If I'm wrong, anyone's free to correct me!) Japan is one thing, America is in another. You are in America producing sellable patterns for something thats trademarked/copyrite material. (Are you not in the US?) Is it still a "custom" once more then one of that item is produced? I feel like via selling the pattern, it no longer can simply be called a singular custom and goes into the realm of "mass produced".

I feel sort of like you're using the "Japan thinks it's OK!" as an excuse to hide behind the legality. Also, It's not any different then 2d work, I'm not claiming that =). It's a form of fanart, I realize that totally. I personally am not a big fan of seeing fanworks dominate the market but I realize it is pretty lucrative.

Ah...I think you're advertising your pony pattern pretty clearly as an MLP pattern. You have pinkypie in the image, granted it can be used for many many other things and thats fine but the initial usage looks to be MLP.

Just please proceed with caution. You'd be surprised how fast people can get Cease-and-desist letters for something that they think is supported when its not. I'm not trying to hamper your business, but give you a little of advice about IP. If anything, you could shoot off an email to any of the Reps for Nintendo and Hasbro and get their thoughts on it!

I'm also speaking as someone who's been there and done that in the world of selling fanart works, both on commission and to quite a few conventions. Not trying to be hostile! Just helpful as it's becoming increasingly more of a risk for artists to rely on fanart items for sales. And with plush works, they seem to get targeted a bit quicker because they're a higher dollar item.

Date: 2011-07-25 01:42 am (UTC)
From: [identity profile] neolucky.livejournal.com
Oh! Also, I see you're selling Poptart cat patterns...did you ask Prguitarman for permission?

Date: 2011-07-24 11:05 pm (UTC)
From: [identity profile] stormslegacy.livejournal.com
I don't know a ton on the subject but i do know custom patterns *easily* cost more than the plushie...as others said A. you need to do tests but B. you're giving them unlimited ability to reproduce the design. Even if you say they can't sell it, that's hard to enforce.

One place I'd ask for help is the forums on Etsy, there are a number of people there that make all kinds of commissioned 3D items and you're likely to find an answer.

It might be best to look at other plushie-maker's policies to get an idea of standard business practices.

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